This bill amends existing laws related to prison riot offenses in Washington State, specifically addressing the definitions and implications of such offenses for individuals incarcerated in facilities operated by the Department of Children, Youth, and Families. It clarifies the definition of "correctional institution" and introduces provisions allowing individuals convicted of prison riot offenses while in these facilities to apply for the vacation of their records. The bill stipulates that if an applicant qualifies, the court is required to vacate the record of conviction or adjudication.
Additionally, the bill establishes new sections that provide a mechanism for offenders whose sentences were influenced by past prison riot convictions to seek relief from their sentences. Both prosecuting attorneys and offenders can file motions for relief, and if the court finds that a prison riot conviction was used as a basis for sentencing, it must grant the motion and resentence the offender as if the conviction did not exist. The provisions of this bill apply retroactively to all relevant convictions and charges, ensuring that individuals affected by these offenses have the opportunity for relief.
Statutes affected: Original Bill: 9.94.049, 9.94A.640